Open Access. Powered by Scholars. Published by Universities.®
- File Type
Articles 1 - 2 of 2
Full-Text Articles in Evidence
Shame And Scandal: Clinical And Canon Law Perspectives On The Crisis In The Priesthood, Frank R. Herrmann, Gerald E. Kochansky
Shame And Scandal: Clinical And Canon Law Perspectives On The Crisis In The Priesthood, Frank R. Herrmann, Gerald E. Kochansky
Frank R. Herrmann, S.J.
No abstract provided.
The Uses Of History In Crawford V. Washington, Frank Herrmann
The Uses Of History In Crawford V. Washington, Frank Herrmann
Frank R. Herrmann, S.J.
To a striking degree, both the majority and concurring opinions in Crawford v. Washington are replete with references to Anglo-American historical materials, used to support differing conclusions about the application of the Confrontation Clause to testimonial hearsay. This essay sets out Justice Scalia's and Chief Justice Rehnquist's historical arguments and then employs the standards of legal historians to evaluate whether the two opinions use history in a valid manner. The essay concludes that the "history" in Crawford is not that of an historian, but is a "usable past," as conceived by Cass Sunstein and Stephen Griffin.